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No pay out for spinal injury

09 Jul, 2008 04:00 AM
A man who was seriously injured when he dived from a pylon on a wharf has lost a NSW Supreme Court appeal against Rockdale Council for negligence.

According to a court judgment report, Bexley resident Bilal Jaber, sustained significant injuries to his cervical spine after diving from a wharf at Dolls Point in October, 2003.

The court held the council was not liable for Mr Jaber's injuries and had no duty to warn him of what was an "obvious risk''.

Mr Jaber said he had been to the area, near Georges River 16ft Sailing Club, for family picnics and had seen people diving from the wharf on numerous occasions before venturing out himself.

He swam from the beach to the end of the wharf without seeing a warning sign. After treading water and watching people jump off, he climbed up onto a bollard.

Mr Jaber said the water was "very dark'' and after diving in from a height up to three metres, his head hit the seabed.

When he stood up both his head and shoulders were above the water. "I felt pins and needles in both hands and sharp pain from my neck down to my lower back,'' Mr Jaber said. "My cousin helped me out of the water.''

The tide was neither at its highest nor lowest point.

Mr Jaber, who was 19 when the accident happened, said because of his injuries he abandoned plans to study construction and now works in customer service.

"I still suffer extreme pain, especially in the cold and when I'm trying to sleep,'' he said. "Sometimes, I can't turn. It's affected my entire life, my career and future.''

According to the NSW State Spinal Cord Injury Service, 70 per cent of spinal injuries in 2006 were water-related.

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Date: Newest first | Oldest first
i think it sucks that a poor guy like that had to sustain severe injury from lack of responsibility where the council couldnt put up signs where the hell is this stupid justice his whole life is gone and the least they can do is pay him out
Posted by manny, 10/07/2008 7:54:26 AM
Poor guy!? The council didn't tell him to jump off the pylon, it was his choice. If my child climbs a tree in a public park, falls and breaks his leg, am I also to sue the council? Please!
Posted by Deb, 10/07/2008 9:58:34 AM

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 Still hurting: Bilal Jaber, 24, suffered serious fractures to his cervical spine after diving from a Dolls Point wharf in October, 2003. Picture: Lisa McMahon
Still hurting: Bilal Jaber, 24, suffered serious fractures to his cervical spine after diving from a Dolls Point wharf in October, 2003. Picture: Lisa McMahon

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